37780 Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations

(2) A veteran in need of regular aid and

attendance who was formerly in receipt of

increased pension as described in paragraph

(a)(1) of this section whose pension has been

discontinued solely by reason of excess

income, but only so long as such veteran’s

annual income does not exceed the

maximum annual income limitation by more

than $1,000, and

(b) The drugs and medicines are prescribed

as specific therapy in the treatment of any of

the veteran’s illnesses or injuries.

This document amends § 17.96 to

allow prescriptions to be filled by nonVA pharmacies in state homes under

contract with VA for filling

prescriptions for patients in state

homes. State home pharmacies are fully

operational facilities that in many cases

can efficiently meet the needs of

veterans in the state homes. This action

is consistent with VA’s special

relationship with state homes. It will

eliminate duplication of services and

will help improve timeliness for filling

prescriptions in state homes.

Administrative Procedure Act

This document is published without

regard to the notice and comment and

effective date provisions of 5 U.S.C. 553

since it pertains to agency management.

Regulatory Flexibility Act

The Secretary hereby certifies that the

adoption of this interim final rule will

not have a significant economic impact

on a substantial number of small entities

as they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612.

The rule at the most will have only a

minuscule economic effect on any small

entity. Therefore, pursuant to 5 U.S.C.

605(b), this interim final rule is exempt

from the initial and final regulatory

flexibility analyses requirements of

§§ 603 and 604.

Catalog of Federal Domestic Assistance

Program Number

The Catalog of Federal Domestic

Assistance program number for this

document is 64.012.

List of Subjects in 38 CFR Part 17

Administrative practice and

procedure, Alcohol abuse, Alcoholism,

Claims, Day care, Dental health, Drug

abuse, Foreign relations, Government

contracts, Grant programs-health, Grant

programs-veterans, Health care, Health

facilities, Health professions, Health

records, Homeless, Medical and dental

schools, Medical devices, Medical

research, Mental health programs,

Nursing homes, Philippines, Reporting

and recordkeeping requirements,

Scholarships and fellowships, Travel

and transportation expenses, Veterans.

Approved: June 30, 1998.

Togo D. West, Jr.,

Secretary of Veterans Affairs.

For the reasons set forth above, 38

CFR part 17 is amended as set forth

below:

PART 17—MEDICAL

1. The authority citation for part 17

continues to read as follows:

Authority: 38 U.S.C. 501, 1721, unless

otherwise noted.

2. In § 17.96, the introductory text is

amended by removing ‘‘pharmacy’’ and

adding, in its place, ‘‘pharmacy or a

non-VA pharmacy in a state home under

contract with VA for filling

prescriptions for patients in state

homes’’; the authority citation at the end

of paragraph (a) is removed; and an

authority citation is added at the end of

the section to read as follows:

§ 17.96 Prescriptions filled.

* * * * *

(Authority: 38 U.S.C. 1712 (d))

[FR Doc. 98–18644 Filed 7–13–98; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 261 and 279

[FRL–6123–3]

RIN 2050–AE47

Hazardous Waste Management

System; Identification and Listing of

Hazardous Waste; Recycled Used Oil

Management Standards

AGENCY: Environmental Protection

Agency.

ACTION: Removal of direct final rule

amendments.

SUMMARY: Today’s rule removes three

amendments to the used oil

management standards originally

included in the direct final rule of May

6, 1998 and restores the regulatory text

that existed prior to the direct final rule.

The Agency received relevant adverse

comment on three provisions of this

rule which deal with mixtures of

conditionally exempt small quantity

generator waste and used oil, the

applicability of the used oil

management standards to used oil

contaminated with polychlorinated

biphenyls (PCBs), and record keeping

requirements for marketers of used oil

meeting the used oil fuel specification.

EPA will consider the comments

received as it finalizes the remaining

amendments in the near future.

EFFECTIVE DATE: July 14, 1998.

ADDRESSES: Public comments and

supporting materials are available for

viewing in the RCRA Information Center

(RIC), located at Crystal Gateway I, First

Floor, 1235 Jefferson Davis Highway,

Arlington, VA. The Docket

Identification Number is F–98-CUOPFFFFF. The RIC is open from 9 a.m. to

4 p.m., Monday through Friday,

excluding federal holidays. To review

docket materials, it is recommended

that the public make an appointment by

calling (703) 603–9230. The public may

copy a maximum of 100 pages from any

regulatory docket at no charge.

Additional copies cost $0.15/page. The

index and some supporting materials

are available electronically. See the

SUPPLEMENTARY INFORMATION section for

information on accessing them.

FOR FURTHER INFORMATION CONTACT:

RCRA Hotline. For general information,

contact the RCRA Hotline at (800) 424–

9346 or TDD (800) 553–7672 (hearing

impaired). In the Washington, DC

metropolitan area, call (703) 412–9810

or TDD (703) 412–3323.

Rulemaking Details. For more

detailed information on specific aspects

of this rulemaking, contact Tom

Rinehart by mail at Office of Solid

Waste (5304W), U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460, by phone at

(703) 308–4309, or by Internet e-mail at

rinehart.tom@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Withdrawal of Amendments that

Received Relevant Adverse Comment

On May 6, 1998, EPA issued a direct

final rule (63 FR 24963) which included

eight amendments clarifying various

parts of the used oil management

standards and provisions of the

hazardous waste regulations concerning

used oil. EPA also issued a notice of

proposed rulemaking on May 6, 1998

(63 FR 25006), in which the Agency

proposed and solicited public comment

on the same eight amendments. EPA

received relevant adverse comments on

three of the amendments in this

rulemaking: the amendments to 40 CFR

261.5(j) (mixtures of conditionally

exempt small quantity generator waste

and used oil), 40 CFR 279.10(i)

(applicability of the used oil

management standards to used oil

contaminated with polychlorinated

biphenyls (PCBs)), and 40 CFR 279.74(b)

(recordkeeping requirements for

marketers of used oil that meets the

used oil fuel specification).

Accordingly, today’s document removes
Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations 37781

these three amendments and reinstates

the regulatory text that existed prior to

the May 6, 1998 direct final rule. EPA

finds that good cause exists under 5

U.S.C. 553(b) to promulgate today’s rule

in final form, because this rule

reinstates regulatory requirements

currently in effect. EPA will promulgate

a final rule in the near future finalizing

the three amendments, as appropriate,

and addressing the comments received.

The five amendments that did not

receive relevant adverse comment

became effective on July 6, 1998 as

provided in the May 6, 1998 direct final

rule.

EPA also received supportive

comments on the three amendments

being removed as well as the other

amendments issued in the May 6, 1998

direct final rule. All of the comments

received on the May 6, 1998 direct final

rule are available on the Internet as

described below and at the RCRA

Information Center identified in the

ADDRESSES section above.

Internet Availability

Today’s rule, the comments received

on the May 6, 1998 direct final rule and

proposal (63 FR 24963 and 25006), and

the following supporting materials are

available on the Internet:

Docket Item: Petition for Review.

From: Edison Electric Institute, et al.

To: U.S. Court of Appeals for the

District of Columbia Circuit.

Docket Item: Petitioners’ Preliminary

and Non-binding Statement of Issues to

be Raised on Appeal.

From: Edison Electric Institute, et al.

To: U.S. Court of Appeals for the

District of Columbia Circuit.

Docket Item: Letter describing Edison

Electric Institute’s outstanding issues

and proposals for resolving these issues.

From: Edison Electric Institute, et al.

To: U.S. Environmental Protection

Agency.

Docket Item: Letter describing Edison

Electric Institute’s issues including a

request that EPA issue a technical

correction to 40 CFR 279.10(i).

From: Edison Electric Institute, et al.

To: U.S. Environmental Protection

Agency.

Docket Item: Letter requesting that

EPA resolve outstanding issues.

From: Edison Electric Institute, et al.

To: U.S. Environmental Protection

Agency.

Docket Item: Settlement Agreement.

From: Edison Electric Institute, et al,

U.S. Environmental Protection Agency,

and U.S. Department of Justice.

To: U.S. Court of Appeals for the

District of Columbia Circuit.

Docket Item: Memorandum that

describes an abbreviated state

authorization revision application

procedure for state rule changes in

response to minor federal rule changes

or corrections.

From: Michael Shapiro, Director,

Office of Solid Waste, EPA.

To: EPA Regional Waste Management

Division Directors.

Follow these instructions to access

this information electronically: WWW

URL: http://www.epa.gov/epaoswer/

hazwaste/usedoil/index.htm.

FTP: ftp.epa.gov.

Login: anonymous.

Password: your Internet e-mail

address.

Path: /pub/epaoswer.

Note: The official record for this action will

be kept in paper form and maintained at the

address in the ADDRESSES section above.

I. Regulatory Requirements

A. Analysis Under Executive Order

12866, Executive Order 12875, the

Paperwork Reduction Act, National

Technology Transfer and Advancement

Act of 1995, and Executive Order 13045

Today’s rule removes three

amendments issued as part of the May

6, 1998 direct final rule and reinstates

the regulatory text that existed prior to

the May 6, 1998 direct final rule and

that was in effect until July 6, 1998.

Today’s action is not a ‘‘significant

regulatory action’’ for the purposes of

Executive Order 12866, and is therefore

not subject to review by the Office of

Management and Budget. Today’s rule

also does not impose obligations on

State, local or tribal governments for the

purposes of Executive Order 12875.

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Pub L. No. 104–

113, section 12(d) (15 U.S.C. 272 note)

directs EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, and business

practices) that are developed or adopted

by voluntary consensus standards

bodies. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards. Neither

this action nor the direct final rule

involve technical standards. Therefore,

EPA did not consider the use of any

voluntary standards in this rulemaking.

Today’s rule is not subject to E.O.

13045, entitled ‘‘Protection of Children

from Environmental Health Risks and

Safety Risks’’ (62 FR 19885, April 23,

1997), because this action is not an

economically significant rule, and it

does not involve decisions on

environmental health risks or safety

risks that may disproportionately affect

children. Under the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.,

EPA must consider the paperwork

burden imposed by any information

collection request in a proposed or final

rule. This rule will not impose any new

information collection requirements.

B. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

II. Immediate Effective Date

Because the regulated community

does not need 6 months to come into

compliance with this rule, EPA finds,

pursuant to RCRA section 3010(b)(1),

that this rule can be made effective in

less than six months. Also, EPA finds

that good cause exists under 5 U.S.C.

553(d)(3) to waive the requirement that

regulations be published at least 30 days

before they become effective, because

this rule reinstates regulatory

requirements.

List of Subjects

40 CFR Part 261

Environmental protection, Hazardous

waste, Recycling, Reporting and

recordkeeping requirements.

40 CFR Part 279

Conditionally exempt small quantity

generator (CESQG), Environmental

protection, Hazardous waste,

Polychlorinated biphenyls (PCBs), Solid

waste, Recycling, Response to releases,

Used oil, Used oil specification.

Dated: July 6, 1998.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, chapter I of title 40 of the

Code of Federal Regulations is amended

as follows:

PART 261—IDENTIFICATION AND

LISTING OF HAZARDOUS WASTE

1. The authority citation for part 261

continues to read as follows:
37782 Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations

Authority: 42 U.S.C. 6905, 6912(a), 6921–

6927, 6930, 6934, 6935, 6937, 6938, 6939,

and 6974.

2. Section 261.5 is amended by

revising paragraph (j) to read as follows:

§ 261.5 Special requirements for

hazardous waste generated by conditionally

exempt small quantity generators.

* * * * *

(j) If a conditionally exempt small

quantity generator’s wastes are mixed

with used oil, the mixture is subject to

part 279 of this chapter if it is destined

to be burned for energy recovery. Any

material produced from such a mixture

by processing, blending, or other

treatment is also so regulated if it is

destined to be burned for energy

recovery.

PART 279—STANDARDS FOR THE

MANAGEMENT OF USED OIL

3. The authority citation for part 279

continues to read as follows:

Authority: Sections 1006, 2002(a), 3001

through 3007, 3010, 3014, and 7004 of the

Solid Waste Disposal Act, as amended (42

U.S.C. 6905, 6912(a), 6921 through 6927,

6930, 6934, and 6974); and sections 101(37)

and 114(c) of CERCLA (42 U.S.C. 9601(37)

and 9614(c)).

4. Section 279.10 is amended by

revising paragraph (i) to read as follows:

§ 279.10 Applicability.

* * * * *

(i) Used oil containing PCBs. In

addition to the requirements of this part,

marketers and burners of used oil who

market used oil containing any

quantifiable level of PCBs are subject to

the requirements found at 40 CFR

761.20(e).

5. Section 279.74 is amended by

revising paragraph (b) to read as follows:

§ 279.74 Tracking.

* * * * *

(b) On-specification used oil delivery.

A generator, transporter, processor/rerefiner, or burner who first claims that

used oil that is to be burned for energy

recovery meets the fuel specifications

under § 279.11 must keep a record of

each shipment of used oil to an onspecification used oil burner. Records

for each shipment must include the

following information:

(1) The name and address of the

facility receiving the shipment;

(2) The quantity of used oil fuel

delivered;

(3) The date of shipment or delivery;

and

(4) A cross-reference to the record of

used oil analysis or other information

used to make the determination that the

oil meets the specification as required

under § 279.72(a).

* * * * *

[FR Doc. 98–18423 Filed 7–13–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6123–6]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of deletion of the Novaco

Industries Superfund site from the

National Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Novaco Industries Site in Michigan

from the National Priorities List (NPL).

The NPL is Appendix B of 40 CFR part

300 which is the National Oil and

Hazardous Substances Contingency Plan

(NCP), which EPA promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

This action is being taken by EPA and

the State of Michigan, because it has

been determined that Responsible

Parties have implemented all

appropriate response actions required.

Moreover, EPA and the State of

Michigan have determined that

remedial actions conducted at the site to

date remain protective of public health,

welfare, and the environment.

EFFECTIVE DATE: July 14, 1998.

FOR FURTHER INFORMATION CONTACT:

Russell Hart at (312) 886–4844 (SR–6J),

Remedial Project Manager or Gladys

Beard at (312) 886–7253, Associate

Remedial Project Manager, Superfund

Division, U.S. EPA—Region V, 77 West

Jackson Blvd., Chicago, IL 60604.

Information on the site is available at

the local information repository located

at: The Bedford Township Hall and

Monroe County Library-Bedford,

Bedford, Michigan. Requests for

comprehensive copies of documents

should be directed formally to the

Regional Docket Office. The contact for

the Regional Docket Office is Jan

Pfundheller (H–7J), U.S. EPA, Region V,

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–5821.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Novaco

Industries Site located in Temperance,

Michigan. A Notice of Intent to Delete

for this site was published May 27, 1998

(63 FR 28961). The closing date for

comments on the Notice of Intent to

Delete was June 26, 1998. EPA received

no comments and therefore no

Responsiveness Summary was prepared.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substance

Response Trust Fund (Fund-) financed

remedial actions. Any site deleted from

the NPL remains eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site

warrant such action. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL in the

unlikely event that conditions at the site

warrant such action. Deletion of a site

from the NPL does not affect responsible

party liability or impede agency efforts

to recover costs associated with

response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: July 1, 1998.

David Ullrich,

Acting Regional Administrator, Region V.

40 CFR part 300 is amended as

follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp., p.351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp., p. 193.

Appendix B [Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the Site

‘‘Novaco Industries, Temperance,

Michigan.’’

[FR Doc. 98–18588 Filed 7–13–98; 8:45 am]

BILLING CODE 6560–50–P